Blake v. Allen et al, No. 2:2010cv01089 - Document 15 (S.D.W. Va. 2010)
Court Description: MEMORANDUM OPINION AND ORDER the court DISMISSES the 14 Amended Complaint with prejudice pursuant to Section 1915(e)(2). Signed by Judge Joseph R. Goodwin on 11/18/2010. (cc: pro se plaintiff; attys; any unrepresented party) (taq)
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Blake v. Allen et al Doc. 15 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION ROBERT JOSEPH BLAKE, Plaintiff, v. CIVIL ACTION NO. 2:10-cv-01089 REV. WILLIAM ALLEN, et al., Defendants. MEMORANDUM OPINION AND ORDER After this pro se action was dismissed with prejudice at the plaintiff’s request [Docket 9], the plaintiff filed an Amended Complaint asserting the same claims that were set forth in the original Complaint. Accordingly, the court dismissed the action with prejudice [Docket 13], pursuant to 28 U.S.C. § 1915(e)(2) (directing the court to dismiss a case filed by a plaintiff seeking to proceed in forma pauperis if it determines that the action is “frivolous or malicious” or “fails to state a claim upon which relief may be granted”). The plaintiff has now filed another Amended Complaint [Docket 14] asserting identical claims for relief. Because the complaint is barred by res judicata, the court DISMISSES the Amended Complaint with prejudice pursuant to § 1915(e)(2). The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: November 18, 2010 Dockets.Justia.com
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